S. 302(b), P.P.C. the alternative sentence of life imprisonment

Penal Code (XLV of 1860) S. 302(b) Alternative Sentence Once the legislature had provided for awarding alternative sentence of life imprisonment, it would be difficult to hold that in all the cases of murder, the death penalty was the normal penalty and should ordinarily be awarded. If the intent of the legislature was to take away the discretion of the court, then it would have omitted from S. 302(b), P.P.C. the alternative sentence of life imprisonment. Sentence of death and life imprisonment were alternative to one another, however, awarding one or the other sentence essentially depended upon the facts and circumstances of each case. Islamic jurisprudence Fundamental principles of Islamic jurisprudence on criminal law was to do justice with mercy, being the attribute of Allah Almighty. On earth such attribute had been delegated and bestowed upon the Judges, administering justice in criminal cases, therefore, extra degree of care and caution was required to be observed by the Judges while determining the quantum of sentence, depending upon the facts and circumstances of particular case/cases.

2014 SCMR 1034